Do I need to redo the nikah after my wife said the following statement

CategoriesDivorce [521]

Fatwa ID: 01332

Answered by Mufti Mohammed Tosir Miah

Question:

My wife was reading a facebook message part of which said: "thank Allah my pakore turned out the right shape." After reading the message in its entirety which was written in a comical way my wife, without thinking, said:"trust shazmin to come out with crap like that." does what she said constitute kufr  

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

Kufr is to refute any commandments of Allah subḥānahu wa ta'āla (glorified and exalted be He), which is absolute and definite, or to have doubt or reservations about it, which has reached us through the medium of the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him).

The condition of absolute and definite has been added, since the laws of Deen have reached us via two ways: one by way of Tawatur and another by way of Khabr Ahaad. Tawatur are those narrations that have reached us via the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), through a continuous and unbroken chain of narrators. From the time of the Prophet of Allah Sallallahu Alahi Wasalam until the present in every era, some reliable Muslims reported these narrations. Such things are absolute and definite and it is kufr, to reject and refute the validity of salah, zakaat etc. To jeer and degrade the Shariah is also kufr because these things are from the Quran and Ahadith Mutawatir. Aqaaidul Islam p.169 –p.170)

With regards to your question it is advisable that one takes precaution when it comes to doing takfir and calling another Muslim a disbeliever. Furthermore, we need to ask ourselves did your wife really mean it in a way to disrespect Allah subḥānahu wa ta'āla (glorified and exalted be He). From the question it seems as though she was making fun of the friend who wrote that and not of Allah subḥānahu wa ta'āla (glorified and exalted be He).

It is narrated by Saaiduna Abu Hurairah raḍyAllāhu 'anhu (may Allāh be pleased with him) that the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has said, “When a person says to his brother, ‘O disbeliever!’ then disbelief returns to one of the two of them.” (Sahih Bukhari)

Imam Nawawi raḥimahullāh (may Allāh have mercy upon him) has said, “They (scholars) differ as regards the interpretation of this “returning,” So it is said, “kufr returns upon him if he is making that lawful”. And it is said, “It is taken to refer to the Khawarij,” since they declare believers to be disbelievers.” (Sharh Sahih Muslim p.50 v.2)

Therefore, the conclusion we can come to is that the aforementioned statement would not constitute disbelief and there is no need for you to re do the marriage.

However, if you want to put your mind at ease you can re do the marriage. You will require two male witnesses or one male and two female witnesses. Also a new dowry will have to be set.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

About the author